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Procura

Disciplinary Panel Hearings

11 DEZ 2008

Mr Gurmajor Grewal - 10 December 2008

Case of
Mr Gurmajor Grewal [1269897 ], Wolverhampton, West Midlands

on
Wednesday 10 December 2008

at
RICS, Surveyor Court, Westwood Way, Coventry, UK      

Charges

The formal charges are:

  1. That after due enquiry there was produced to the Institution on 22 July 2008 a certificate of conviction of Gurmajor Grewal by Wolverhampton Crown Court on 14 September 2007 for the offence of affray which offence carries the possibility of a custodial sentence, and the Institution has power to impose one or more of the penalties specified in paragraph (2) of Bye-law V7 on the said Gurmajor Grewal as provided by paragraph (1)(c) of Bye-Law V7 of the Bye-Laws 2007
  2. That between 07 August and 23 October 2008 you failed to co-operate fully with RICS staff in that you did not respond to letters dated 07 and 28 August, 15 September and 01 October 2008, nor did you reply to a telephone message left for you on 15 September 2008 Contrary to Rule 9 of the Rules of Conduct for Members 2007.

Determination

Findings with Reasons

The Panel, on due and proper consideration of the documents, finds that the Certificate of Conviction is such that the Institution has the power to impose penalties, in that we find the breach proved.  That is charge 1.

As to charge 2, in the absence of Mr Grewal we have treated this as being denied.  Having carefully considered all the documents, we accept that the letters have been sent, where indicated they have been received by Mr Grewal and that Mr Grewal has failed to respond to other attempts to contact him.  Accordingly, the Panel finds the charge proved. 

Determination on Penalty

Mr Grewal has been convicted of the serious offence of affray.  In the absence of any extenuating or mitigating circumstances, the Panel has considered the penalties available, and in particular the advice contained within the Sanctions Policy as to the likely response of the Institution to evidence being provided against a Member of a conviction for a serious offence of this nature and has decided that Mr Grewal shall be expelled. 

In relation to charge 2, having found that Mr Grewal failed to comply with his obligation to fully co-operate with the Royal Institution of Chartered Surveyors in investigating matters as required by Rule 9 of the Rules of Conduct for Members 2007, the Panel imposes a penalty of a reprimand and a fine of £200, which would have been considerably more but for the other orders we make in this case. 

Determination on Publication and Costs

Publication

Publication is ordered in RICS Business and on the website.

Costs

As to costs, the Panel on consideration is satisfied that the costs were properly notified to Mr Grewal by the RICS and are fair and reasonable and therefore awards them in full as requested in the sum of £3,448.00 

The Panel reminds Mr Grewal that, as will be contained within the notification of the Panel’s decision, he is entitled to appeal within 28 days.